The Registration of Marriages Regulations 2015

This Statutory Instrument has been printed in substitution of the SI of the same number and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2015 No. 207

Registration Of Births, Deaths, Marriages Etc., England And Wales

The Registration of Marriages Regulations 2015

Made

5th February 2015

Coming into force

2nd March 2015

The Registrar General, in exercise of the powers conferred by sections 27(1)(1), 27A(3), (4) and (7)(2), 27B(2)(b)(3), 28G(1) and (3)(4), 31(2), (5), (5D)(5), 35(1)(6), 55(1), 57(2), 74(1)(b) and (3)(7) and 76(5) of the Marriage Act 1949, sections 2(1), 7 and 18 of the Marriage (Registrar General’s Licence) Act 1970(8), and section 20(a) of the Registration Service Act 1953(9) as extended by section 26(3) of the Welsh Language Act 1993(10), and with the approval of the Secretary of State(11), makes the following Regulations:

PART 1 General

Citation and commencement

1.  These Regulations may be cited as the Registration of Marriages Regulations 2015 and come into force on 2nd March 2015.

Interpretation

2.—(1) In these Regulations—

“the Act” means the Marriage Act 1949;

“1970 Act” means the Marriage (Registrar General’s Licence) Act 1970;

“entry” (unless the context otherwise requires), means a record of the particulars relating to a marriage completed in the appropriate places in form 15;

“occupation” includes rank or profession.

(2) In these Regulations, any reference to a numbered form is to the form bearing that number in Schedule 1, and any reference to a numbered column on a form, is to the column bearing that number on that form.

Completion of forms

3.—(1) Forms 1(w) to 6(w), 9(w) to 12(w) and 15(w) in Schedule 1 must be completed in English and must also be completed in Welsh if—

(a) in the case of—

(i) forms 1(w) to 6(w), 9(w), 11(w) and 12(w), the party giving notice of the marriage, and

(ii) form 10(w), the person making the declaration,

so elects, and provides the required particulars in both languages, and the person by whom the notice, or as the case may be the declaration, is attested can understand and write Welsh;

(b) in the case of form 15(w), the parties to the marriage so elect and provide the required particulars in both languages, and the person who registers the marriage can understand and write Welsh.

(2) Where a form of words set out in column 1 of Schedule 2 to these Regulations is used in completing a form in English, the corresponding form of words set out in column 2 must be used where the form is also completed in Welsh.

PART 2 Preliminaries to Marriage

Forms of notice of marriage

4.—(1) The form of notice of marriage to be given by each party to the marriage under section 27(1) of the Act(12) where—

(a) both parties are relevant nationals(13) and where—

(i) both parties are aged 18 or over, is form 1 if attested in England, or form 1(w) if attested in Wales; or

(ii) either party is, or both parties are, aged under 18, is form 2 if attested in England, or form 2(w) if attested in Wales.

(b) either party is not, or neither party is, a relevant national and where—

(i) both parties are aged 18 or over, is form 3 if attested in England, or form 3(w) if attested in Wales; or

(ii) either party is, or both parties are, aged under 18, is form 4 if attested in England, or form 4(w) if attested in Wales.

(2) The form of notice of marriage to be given by either party to the marriage under section 2(1) of the 1970 Act is form 5 if attested in England, or form 5(w) if attested in Wales.

Endorsement on notice of marriage

5.  The form of endorsement on the notice of marriage to be made under section 35(1) of the Act(14) (in respect of an intended marriage in a registration district in which neither party to the marriage resides) is form 6 if the notice is attested in England, or form 6(w) if attested in Wales.

Statements and particulars for intended marriage of housebound or detained person

6.—(1) The form of medical statement to be given under section 27A(2) of the Act(15) is form 7 concerning a person housebound in England, or form 7(w) concerning a person housebound in Wales.

(2) The form of statement to be made in relation to a detained person under section 27A(3) of the Act is form 8 concerning a person detained in England, or form 8(w) concerning a person detained in Wales.

(3) The form of the particulars of the person by or before whom the marriage is to be solemnized, which is to be given under section 27A(4) of the Act, is form 9 in relation to a marriage intended to be solemnized in England, or form 9(w) in relation to a marriage intended to be solemnized in Wales.

Declaration for intended marriage of certain persons related by affinity

7.—(1) The form of declaration to be made by each of the persons to be married, in accordance with section 27B(2)(b) of the Act(16), is form 10 in relation to a marriage intended to be solemnized in England, or form 10(w) in relation to a marriage intended to be solemnized in Wales.

(2) A declaration mentioned in paragraph (1) must be signed by the person making it in the presence of the superintendent registrar, who must then sign the declaration as witness and add his or her description.

(3) The superintendent registrar referred to in paragraph (2) is the superintendent registrar to whom notice of the marriage is required to be given by the person making the declaration.

Specified Evidence

8.—(1) Schedule 3 has effect to specify—

(a) evidence of a person’s relevant nationality, for the purposes of sections 8(1)(b)(17) and 16(1C)(18) of the Act (see paragraph 2 of Schedule 3);

(b) evidence of a person’s name, surname, and date of birth, for the purposes of section 28B(1)(a) and (b)(19) of the Act, and a person’s nationality, for the purposes of section 28B(1)(d) of the Act (see paragraph 3 of Schedule 3);

(c) evidence of a person’s place of residence, for the purposes of section 28B(1)(c) of the Act (see paragraph 4 of Schedule 3); and

(d) evidence of the ending of a person’s previous marriage or civil partnership, for the purposes of section 28B(2) of the Act (see paragraph 5 of Schedule 3).

Application to reduce the 28 day waiting period

9.—(1) An application under section 31(5A) of the Act(20) to reduce the 28 day waiting period must be made—

(a) by a party to the marriage;

(b) to the superintendent registrar to whom that party has given notice of marriage;

(c) on form 11 if the notice is given in England, or form 11(w) if the notice is given in Wales, together with any evidence which supports the reason given in the form for applying for a reduction in the 28 day period;

and must be accompanied by the fee.

(2) The superintendent registrar must immediately forward the completed application and the fee paid to the Registrar General.

(3) If, on receipt of a completed application, the Registrar General requires further information (which may include documents), before making his or her decision, the Registrar General may—

(a) request that the superintendent registrar who forwarded the completed application obtain the information from the applicant and forward it to the Registrar General; or

(b) request it from the applicant.

(4) After the Registrar General has considered the completed application and any further information obtained, and is satisfied that there are, or are not, as the case may be, compelling reasons for reducing the 28 day period, the Registrar General must notify that decision to the applicant and to the superintendent registrar who forwarded the completed application.

(5) In this regulation—

“applicant” means the person seeking a reduction in the 28 day period;

“completed application” means the completed form 11 (or form 11(w) as the case may be) together with any evidence referred to in paragraph (1)(c); and

“fee” means the fee as specified (if one is so specified) in an order under section 31(5F) of the Act(21).

Authorities for marriage issued by a superintendent registrar and by the Registrar General

10.—(1) The form of certificate for marriage to be issued under section 31(2) of the Act(22) is form 12 if the certificate is issued in England, or form 12(w) if the certificate is issued in Wales.

(2) The form of the Registrar General’s licence for marriage to be issued under section 7 of the 1970 Act is form 13.

Form of instructions for solemnization of a marriage in a registered building without the presence of a registrar

11.  The form of instructions to be given under section 31(5) of the Act(23) is form 14 if the certificate for marriage is issued in England, or form 14(w) if the certificate is issued in Wales.

PART 3 Registration of Marriage

Form of registration of particulars and place of registration

12.—(1) The form of registration of the particulars relating to a marriage pursuant to section 55(1) of the Act is Part 1 of form 15 in relation to a marriage solemnized in England, or form 15(w) in relation to a marriage solemnized in Wales, together with the form of attestation in Part 2 of that form which is appropriate to the place and manner of solemnization.

(2) Where a registrar is required to register the marriage, the registrar must register it immediately after the solemnization of the marriage and in accordance with the provisions of this Part, within the premises where it was solemnized.

Manner of registration

13.—(1) Where a registrar is required to register the marriage the registrar must, subject to paragraph (5), enter the particulars required in each column of Part 1 of form 15 (or form 15(w) as the case may be).

(2) In column 4 the registrar must enter the condition of the parties to the marriage in the following manner—

(a) if a party has not previously been married or formed a civil partnership, enter the word “Single”;

(b) if a party’s previous marriage was terminated by death, enter the word “Widower” or “Widow”, as the case may be;

(c) if a party’s previous civil partnership was terminated by death, enter the words “Surviving civil partner”;

(d) if a party’s previous marriage was annulled on the ground that the marriage was voidable, enter the words “Previous marriage annulled”;

(e) if a party’s civil partnership was annulled on the grounds that the civil partnership was voidable, enter the words “Previous civil partnership annulled”;

(f) if a party’s previous marriage was terminated by divorce, enter the words “Previous marriage dissolved”;

(g) if a party’s previous civil partnership was terminated by dissolution, enter the words “Previous civil partnership dissolved”;

(h) unless sub-paragraph (i) applies, if the marriage is between two parties who have previously been through a form of marriage with each other (not being a marriage which is known to have been null and void) and neither of them has since married a third party, then notwithstanding sub-paragraphs (d) and (f)—

(i) if the previous marriage was terminated by divorce, enter the words “Previously married at … on … Marriage dissolved on …”, inserting particulars of the place and date of the previous marriage and the date of its dissolution, or

(ii) if the previous marriage was annulled, enter the words “Previously married at …    on … Marriage annulled on …”, inserting particulars of the place and date of the previous marriage and the date of its annulment, or

(iii) if the ceremony was performed for the avoidance of doubt as to the validity of a previous ceremony, enter the words “Previously went through a form of marriage at … on …”, inserting the particulars of the place and date of the previous ceremony;

(i) where sub-paragraph (h) applies, and the parties are now legally of the same sex but their previous marriage was a marriage between a man and a woman, enter the form of words referred to in sub-paragraph (d) or (f) (as applicable), but if the parties so request, enter the form of words referred to in sub-paragraph (h)(i), (ii) or (iii) (as applicable);

(j) if the marriage is between two parties of the same sex who have previously been through a form of civil partnership with each other (not being a civil partnership which is known to be void) and neither of them has since formed a civil partnership with, or married, a third party, then notwithstanding sub-paragraphs (e) and (g)—

(i) if the previous civil partnership has been terminated by final order of dissolution, enter the words, “Previously formed a civil partnership at … on … Civil partnership dissolved on …”, inserting particulars of the place and date of the previous civil partnership and the date of dissolution, or

(ii) if the previous civil partnership was annulled, enter the words, “Previously formed a civil partnership at … on … Civil partnership annulled on …”, inserting the particulars of the place and date of the previous civil partnership and the date of its annulment;

(k) if the marriage is between a man and a woman who have previously been through a form of civil partnership with each other (not being a civil partnership which is known to be void) and neither of them has since formed a civil partnership with, or married, a third party, enter the form of words referred to in sub-paragraph (e) or (g) (as applicable), but if the parties so request, enter the form of words referred to in sub-paragraph (j)(i) or (ii) (as applicable);

and no further entry is to be made in column 4.

(3) In column 7 if the father of either party to the marriage is deceased, the registrar must enter the word “deceased” after the surname.

(4) In column 7, if either party to the marriage wishes to record a step-father’s name instead of the father’s name, the registrar must enter the word “step-father” after the surname, provided he is or has been married to the mother.

(5) Where it appears to the registrar that he or she cannot enter the particulars required in any column in Part 1 of form 15, the registrar must draw a line in ink through that column.

Form of attestation

14.  In the form of attestation set out in Part 2 of form 15 the registrar must enter in the appropriate places—

(a) if the marriage has been solemnized in a registered building according to the rites and ceremonies of any religious body or denomination, the title of that body or denomination, the description of the registered building, and the word “certificate”;

(b) if the marriage has been solemnized in a superintendent registrar’s office, the words “register office” and “certificate”;

(c) if the marriage has been solemnized on approved premises in accordance with section 26(1)(bb) of the Act(24), the description of the approved premises and the word “certificate”;

(d) if the marriage has been solemnized on the authority of a Registrar General’s licence, the address of the place in which the marriage has been solemnized, the title of the religious body or denomination, if any, according to the rites and ceremonies of which the marriage has been solemnized, and the words “Registrar General’s licence”;

(e) if the marriage has been solemnized at a person’s residence in pursuance of section 26(1)(dd) or section 26B(6) of the Act(25), the address of the place in which the marriage has been solemnized, the title of the religious body or denomination, if any, according to the rites and ceremonies of which the marriage has been solemnized, and the word “certificate”.

Signing the register

15.  After entering the required particulars and before the register is signed in accordance with section 55(2) of the Act, the registrar must request the parties to the marriage to verify those particulars and if it appears that any error has been made, the registrar must in the presence of the parties make the necessary correction in accordance with regulation 18(1).

PART 4 Correction of Errors

Time when entry is complete

16.  An entry of marriage made by a registrar is deemed to have been completed when the registrar has signed the entry and added his official description.

Correction of errors in Wales

17.  Where an error or omission is corrected in an entry in a marriage register book kept in Wales, the correction must be made in English if the error or omission occurs in particulars entered in English, and in Welsh if the error or omission occurs in particulars entered in Welsh.

Correction of errors before entry is complete

18.—(1) Where under regulation 15 the registrar is required to correct an error in an entry of a marriage before the entry is complete, the registrar must, subject to paragraph (2), make the correction, but so that the original incorrect information remains legible.

(2) If it appears that an error has been made in the signature of one of the parties or witnesses to a marriage the signatory, and not the registrar, must correct the signature, and the registrar must add his or her initials.

Correction of errors in completed entry

19.  Where it appears or is represented to the superintendent registrar or the registrar that there is in a completed entry in a marriage register book in his or her custody an error to which section 61 of the Act (correction of errors in register book) relates, he must send a report to the Registrar General giving such information as the Registrar General may require, together with a copy of the entry, and must comply with any instruction which the Registrar General may give for the purpose of verifying the facts of the case and of ascertaining whether the parties or witnesses would be available to witness the correction of the entry.

Copy of corrected or annotated entry to be sent to Registrar General

20.  Where a registrar makes any correction or annotation to a completed entry in a marriage register book, the registrar must within seven days make and send to the Registrar General a copy of that entry as corrected or annotated (or both) including a copy of any marginal note, certified by—

(a) the registrar, if the marriage register book containing that entry is in his or her custody (and paragraph (b) does not apply);

(b) the registrar and the superintendent registrar, if the marriage register book containing that entry is in the custody of the registrar and a quarterly copy of the entry has been certified under section 57(1) of the Act; or

(c) the superintendent registrar, if the marriage register book containing that entry is in his or her custody.

PART 5 Miscellaneous Provisions

Certified copies

21.  Where a certified copy of an entry in a marriage register book containing English only, or in a certified copy of such a book, is made on a form containing both English and Welsh but the particulars in the original entry and those entered in the certified copy of that entry do not differ in any other respect, the certified copy is to be treated as a true copy of the original entry.

Quarterly certified copies

22.  For the purposes of section 57(2) of the Act, the form of certification by a registrar—

(a) of a true copy of all entries of marriages made in the marriage register book during a period, is form 16;

(b) that no marriage has been registered in that book during that period, is form 17.

Offences and proceedings

23.—(1) If it appears to a superintendent registrar or a registrar that any offence under or breach of the Act or the 1970 Act or, so far as they relate to marriages, the Perjury Act 1911(26) or the Forgery or Counterfeiting Act 1981(27) has been committed, he or she must report the matter to the Registrar General and must deliver to the Registrar General such documents in his or her possession relating to the offence or breach as the Registrar General may require.

(2) Except with the authority of the Registrar General, a superintendent registrar must not commence any proceedings in respect of an offence under section 76(1) or (2) of the Act(28).

Revocations

24.  The Regulations listed in column 1 of the table in Schedule 4 are revoked to the extent specified in column 3 of the table.

Given under my hand on

Paul Pugh

Registrar General

5th February 2015

I approve

James Brokenshire

Minister of State

Home Office

4th February 2015

Regulation 2(2)

SCHEDULE 1 Prescribed Forms

Form	Relevant regulation	Description	Statutory purpose
1	4(1)(a)(i)	Notice of marriage to be given where both parties are relevant nationals and aged 18 or over	Section 27(1) Marriage Act 1949
1(w)	4(1)(a)(i)	Notice of marriage to be given where both parties are relevant nationals and aged 18 or over (with Welsh translation)	Section 27(1) Marriage Act 1949
2	4(1)(a)(ii)	Notice of marriage to be given where both parties are relevant nationals and where either party is, or both parties are aged under 18	Section 27(1) Marriage Act 1949
2(w)	4(1)(a)(ii)	Notice of marriage to be given where both parties are relevant nationals and where one party is, or both parties are, aged under 18 (with Welsh translation)	Section 27(1) Marriage Act 1949
3	4(1)(b)(i)	Notice of marriage to be given where one party is not, or neither party is, a relevant national and both parties are aged 18 or over	Section 27(1) Marriage Act 1949
3(w)	4(1)(b)(i)	Notice of marriage to be given where one party is not, or neither party is, a relevant national and both parties are aged 18 or over (with Welsh translation)	Section 27(1) Marriage Act 1949
4	4(1)(b)(ii)	Notice of marriage to be given where one party is not, or neither party is, a relevant national and where one party is, or both parties are, aged under 18	Section 27(1) Marriage Act 1949
4(w)	4(1)(b)(ii)	Notice of marriage to be given where one party is not, or neither party is, a relevant national and where one party is, or both parties are, aged under 18 (with Welsh translation)	Section 27(1) Marriage Act 1949
5	4(2)	Notice of marriage by Registrar General’s licence	Section 2(1) Marriage (Registrar General’s Licence) Act 1970
5(w)	4(2)	Notice of marriage by Registrar General’s licence (with Welsh translation)	Section 2(1) Marriage (Registrar General’s Licence) Act 1970
6	5	Endorsement on notice of marriage	Section 35(1) Marriage Act 1949
6(w)	5	Endorsement on notice of marriage (with Welsh translation)	Section 35(1) Marriage Act 1949
7	6(1)	Statement of registered medical practitioner	Section 27A(2) Marriage Act 1949
7(w)	6(1)	Statement of registered medical practitioner (with Welsh translation)	Section 27A(2) Marriage Act 1949
8	6(2)	Statement by responsible authority	Section 27A(3) Marriage Act 1949
8(w)	6(2)	Statement by responsible authority (with Welsh translation)	Section 27A(3) Marriage Act 1949
9	6(3)	Particulars of person by or before whom marriage is to be solemnized	Section 27A(4) Marriage Act 1949
9(w)	6(3)	Particulars of person by or before whom marriage is to be solemnized (with Welsh translation)	Section 27A(4) Marriage Act 1949
10	7(1)	Declaration for marriages of certain persons related by affinity	Section 27B(2)(b) Marriage Act 1949
10(w)	7(1)	Declaration for marriages of certain persons related by affinity (with Welsh translation)	Section 27B(2)(b) Marriage Act 1949
11	9(1)(c)	Application to reduce the 28 day waiting period	Section 31(5A) Marriage Act 1949
11(w)	9(1)(c)	Application to reduce the 28 day waiting period (with Welsh translation)	Section 31(5A) Marriage Act 1949
12	10(1)	Certificate for marriage	Section 31(2) Marriage Act 1949
12(w)	10(1)	Certificate for marriage (with Welsh translation)	Section 31(2) Marriage Act 1949
13	10(2)	Registrar General’s licence for marriage	Section 7 Marriage (Registrar General’s Licence) Act 1970
14	11	Form of instructions	Section 31(5) Marriage Act 1949
14(w)	11	Form of instructions (with Welsh translation)	Section 31(5) Marriage Act 1949
15	12(1)	Form of marriage entry	Section 55(1) Marriage Act 1949
15(w)	12(1)	Form of marriage entry (with Welsh translation)	Section 55(1) Marriage Act 1949
16	22(a)	Quarterly return of marriages	Section 57(2) Marriage Act 1949
17	22(b)	Certificate of no registration	Section 57(2) Marriage Act 1949

Form 1, notice of marriage, regulation 4(1)(a)(i), section 27(1) Marriage Act 1949

Form 1(w), notice of marriage (with Welsh translation), regulation 4(1)(a)(i), section 27(1) Marriage Act 1949

Form 2, notice of marriage, regulation 4(1)(a)(ii), section 27(1) Marriage Act 1949

Form 2(w), notice of marriage (with Welsh translation), regulation 4(1)(a)(ii), section 27(1) Marriage Act 1949

Form 3, notice of marriage, regulation 4(1)(b)(i), section 27(1) Marriage Act 1949

Form 3(w), notice of marriage (with Welsh translation), regulation 4(1)(b)(i), section 27(1) Marriage Act 1949

Form 4, notice of marriage, regulation 4(1)(b)(ii), section 27(1) Marriage Act 1949

Form 4(w), notice of marriage (with Welsh translation), regulation 4(1)(b)(ii), section 27(1) Marriage Act 1949

Form 5, notice of marriage, regulation 4(2), section 2(1) Marriage (Registrar General’s Licence) Act 1970

Form 5(w), notice of marriage (with Welsh translation), regulation 4(2), section 2(1) Marriage (Registrar General’s Licence) Act 1970

Form 11, application to reduce the 28 day waiting period, regulation 9(1)(c), section 31(5A) Marriage Act 1949

Form 11(w), application to reduce the 28 day waiting period (with Welsh translation), regulation 9(1)(c), section 31(5A) Marriage Act 1949

Form 12, certificate for marriage, regulation 10(1), section 31(2) Marriage Act 1949

Form 12(w), certificate for marriage (with Welsh translation), regulation 10(1), section 31(2) Marriage Act 1949

Regulation 3(2)

SCHEDULE 2 Forms of words in English and Welsh

Column 1 Form of words required	Column 2 Welsh version
Single	Sengl
Widower	Gŵr gweddw
Widow	Gwraig weddw
Surviving civil partner	Partner sifil goroesol
Previous marriage annulled	Priodas flaenorol wedi’i dirymu
Previous civil partnership annulled	Partneriaeth sifil flaenorol wedi’i dirymu
Previous marriage dissolved	Priodas flaenorol wedi’i therfynu
Previous civil partnership dissolved	Partneriaeth sifil flaenorol wedi’i therfynu
Previously married at … on … Marriage dissolved on …	Priodwyd o’r blaen yn … ar y …; terfynwyd y briodas ar y …
Previously married at … on … Marriage annulled on …	Priodwyd o’r blaen yn … ar y …; y briodas wedi’i dirymu ar y …
Previously went through a form of marriage at …on …	Aethpwyd o’r blaen drwy ddeford priodas yn ... ar y …
Previously formed a civil partnership at …on … Civil partnership dissolved on …	Ffurfiwyd partneriaeth sifil o’r blaen yn … ar y …; terfynwyd y bartneriaeth sifil ar y …
Previously formed a civil partnership at … on … Civil partnership annulled on …	Ffurfiwyd partneriaeth sifil o’r blaen yn … ar y …; y bartneriaeth sifil wedi’i dirymu ar y …
Deceased	Ymadawedig
Step-father	Llystad
Certificate	Tystysgrif
Register office	Swyddfa gofrestru
Registrar General’s licence	Trwydded y Cofrestrydd Cyffredinol

Regulation 8

SCHEDULE 3 Evidence

Interpretation

1.  In this Schedule—

“claim for asylum” means a claim within the meaning of section 94(1) of the Immigration and Asylum Act 1999(29);

“Council Regulation” means the Council Regulation (EC) No. 2201/2003 of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility;

“driving licence” means a licence granted under—

(a)

Part 3 of the Road Traffic Act 1988(30), or

(b)

the Road Traffic (Northern Ireland) Order 1981(31),

and includes a provisional licence, a counterpart Community licence and a British external licence within the meaning of those enactments;

“humanitarian protection” means humanitarian protection granted in accordance with paragraph 339C of the immigration rules;

“immigration rules” means the rules for the time being laid down as mentioned in section 3(2) of the Immigration Act 1971(32);

“indefinite leave to enter or remain” means leave to enter or remain in the United Kingdom given in accordance with the provisions of the Immigration Act 1971 or the immigration rules which is not limited as to duration;

“limited leave to enter or remain” means leave to enter or remain in the United Kingdom given in accordance with the provisions of the Immigration Act 1971 or the immigration rules which is limited as to duration;

“settled status” has the same meaning as in section 33(2A) of the Immigration Act 1971(33);

“Stateless Convention” means the Convention relating to the Status of Stateless Persons done at New York on 28th September 1954(34);

“stateless person” has the same meaning as in Article 1 of the Stateless Convention;

“travel document” means a document which is not a passport, allowing a person to travel outside the United Kingdom.

Evidence of relevant nationality

2.  For the purposes of (as applicable) section 8(1)(b)(35), or section 16(1C)(36) of the Act, one of the following original documents (or groups of documents) must be provided by each of the parties to the proposed marriage to the member of the clergy, or (as the case may be) the person with authority to grant a common licence, as evidence that the party (“P”) is a relevant national—

(a) P’s valid passport showing P to be a British, EEA or Swiss national;

(b) P’s valid national identity card issued by an EEA state or Switzerland;

(c) certificate of registration as a British citizen granted to P by the Secretary of State together with another document referred to in paragraph 4 of this Schedule (except the letter referred to in paragraph 4(g)), to establish P’s current use of the name and surname referred to on the certificate of registration (or, if P has changed name, evidence of the change of name);

(d) certificate of naturalisation as a British citizen granted to P by the Secretary of State, together with another document referred to in paragraph 4 of this Schedule (except the letter referred to in paragraph 4(g)), to establish P’s current use of the name and surname referred to on the certificate of naturalisation (or, if P has changed name, evidence of the change of name);

(e) where P was born in the United Kingdom—

(i) before 1st January 1983—

(aa) P’s United Kingdom birth certificate; and

(bb) one of the documents referred to in paragraph 4 of this Schedule (except the letter referred to in paragraph 4(g)), to establish P’s current use of the name and surname referred to on the birth certificate provided (or, if P has changed name, evidence of the change of name);

(ii) on or after 1st January 1983 but before 1st July 2006—

(aa) P’s full United Kingdom birth certificate showing P’s parents’ (or, as the case may be, parent’s), details;

(bb) one of the documents referred to in paragraph 4 of this Schedule (except the letter referred to in paragraph 4(g)) to establish P’s current use of the name and surname referred to on the birth certificate provided (or, if P has changed name, evidence of the change of name);

(cc) evidence of either of P’s parents’ British citizenship or settled status at the time of P’s birth (e.g. a passport describing the relevant parent as a British citizen or indicating that he or she then had indefinite leave to enter or remain); and

(dd) P’s parents’ marriage certificate (if British citizenship is claimed through P’s father);

(iii) on or after 1st July 2006—

(aa) P’s full birth certificate showing the parents’ (or, as the case may be, parent’s) details;

(bb) one of the documents referred to in paragraph 4 of this Schedule (except the letter referred to in paragraph 4(g)) to establish P’s current use of the name and surname referred to on the birth certificate provided (or, if P has changed name, evidence of the change of name);

(cc) evidence of either of P’s parents’ British citizenship or settled status at the time of P’s birth (e.g. a passport describing the relevant parent as a British citizen or indicating that he or she then had indefinite leave to enter or remain);

(f) if none of the documents (or groups of documents) listed in sub-paragraphs (a) to (e) are available to confirm the party’s relevant nationality, such other evidence as the Registrar General determines it is reasonable to accept in the particular circumstances of the case.

Evidence of name, surname, date of birth and nationality

3.  For the purposes of section 28B(1)(a), (b) and (d) of the Act(37), one of the following original documents (or groups of documents) must be provided to the superintendent registrar by a person (“P”) giving a notice of marriage under section 27 of the Act, as evidence of the name, surname, date of birth and nationality of that person—

(a) P’s valid passport;

(b) P’s valid national identity card issued by an EEA state or Switzerland;

(c) one of the groups of documents referred to in paragraph 2(c) to (e) of this Schedule (and for these purposes, “P” in paragraph 2(c) to (e) means a person giving a notice of marriage under section 27 of the Act);

(d) P’s valid biometric immigration document within the meaning of section 5(1)(a) of the UK Borders Act 2007(38);

(e) P’s valid travel document issued in the United Kingdom at the discretion of the Secretary of State to persons who have been formally and, in the view of the Secretary of State, unreasonably, refused a passport by the authorities in their own countries and who have—

(i) been granted limited leave to enter or remain or humanitarian protection on rejection of a claim for asylum or for recognition as a stateless person; or

(ii) been granted indefinite leave to enter or remain;

(f) valid travel document issued to P pursuant to Article 28 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951(39);

(g) valid travel document issued to P pursuant to Article 28 of the Stateless Convention;

(h) if none of the documents (or groups of documents) listed in sub-paragraphs (a) to (g) are available to confirm the person’s name, surname, date of birth and nationality, such other document or combination of documents as the Registrar General determines it is reasonable to accept in the particular circumstances of the case.

Evidence of place of residence

4.—(1) For the purposes of section 28B(1)(c) of the Act, one of the following original documents must be provided to the superintendent registrar as evidence of the place of residence of a person giving a notice of marriage under section 27(1) of the Act—

(a) utility bill dated no more than three months before the date on which notice of marriage is given;

(b) bank or building society statement or passbook dated no more than one month before the date on which notice of marriage is given;

(c) council tax bill dated no more than 12 months before the date on which notice of marriage is given;

(d) mortgage statement dated no more than 12 months before the date on which notice of marriage is given;

(e) current residential tenancy agreement;

(f) valid driving licence in the name of the person giving notice of marriage;

(g) letter from the owner or proprietor (“X”) of the address which is the person’s place of residence which—

(i) confirms that the person has resided at the address for at least seven days immediately prior to the date on which notice of marriage is given,

(ii) states that X is the owner or proprietor,

(iii) states X’s name,

(iv) states X’s address, and

(v) is signed and dated by X;

(h) if none of the documents listed in sub-paragraphs (a) to (g) are available, such other evidence as the Registrar General determines it is reasonable to accept in the particular circumstances of the case.

(2) The evidence mentioned in sub-paragraphs (a) to (e) of paragraph 4(1) must—

(a) be in the name of the person giving notice of marriage, or, where it is in the name of more than one person, one of them must be the person giving notice, and

(b) show the person’s place of residence as the address to which the evidence was sent.

Evidence of ending of previous marriage or civil partnership

5.—(1) For the purposes of section 28B(2) of the Act, one of the following original documents must be provided to the superintendent registrar as evidence of the ending of a previous marriage or civil partnership of a person (“P”) giving a notice of marriage under section 27(1) of the Act—

(a) P’s decree absolute of divorce or decree of nullity of marriage granted by a court of civil jurisdiction in England and Wales;

(b) P’s dissolution order or nullity order obtained in England or Wales in accordance with Part 2 of the Civil Partnership Act 2004(40);

(c) a document, or documents, confirming P’s divorce or annulment granted by a court of civil jurisdiction in any part of the British Islands and recognised in the United Kingdom in accordance with section 44 of the Family Law Act 1986(41);

(d) a document, or documents, confirming the dissolution or annulment of P’s civil partnership granted by a court of civil jurisdiction in the United Kingdom and recognised in accordance with section 233 of the Civil Partnership Act 2004;

(e) a document, or documents confirming P’s divorce or annulment obtained in a country outside the British Islands and recognised in the United Kingdom in accordance with either—

(i) sections 45 to 49 of the Family Law Act 1986(42); or

(ii) articles 21 to 27, 41(1) or 42(1) of the Council Regulation;

(f) a document, or documents confirming the dissolution or annulment of P’s civil partnership obtained outside the United Kingdom and recognised in accordance with either—

(i) sections 234 to 237 of the Civil Partnership Act 2004(43); or

(ii) regulations made under section 219 of the Civil Partnership Act 2004(44);

(g) the death certificate of P’s spouse or civil partner;

(h) the presumed death certificate of P’s spouse or civil partner issued under paragraph 3 of Schedule 1 to the Presumption of Death Act 2013(45);

(i) if none of the documents listed in sub-paragraphs (a) to (h) are available to confirm the ending of P’s previous marriage or civil partnership, such other evidence as the Registrar General determines it is reasonable to accept in the particular circumstances of the case.

(2) Where any document listed in paragraph (1)(c) to (g) or (i) was created outside the United Kingdom and is not in English, a full translation must also be provided.

Regulation 24

SCHEDULE 4 Revocations

1. Regulations revoked	2. References	3. Extent of revocation
The Registration of Marriages Regulations 1986(46)	S.I. 1986/1442	The whole Regulations
The Registration of Marriages (Amendment) Regulations 1997(47)	S.I. 1997/2204	The whole Regulations
The Registration of Marriages (Welsh Language) Regulations 1999(48)	S.I. 1999/1621	The whole Regulations
The Registration of Marriages (Amendment) Regulations 2005	S.I. 2005/155	The whole Regulations
The Registration of Births, Deaths and Marriages (Amendment) Regulations 2005	S.I. 2005/3177	Regulations 3 and 4
The Registration of Marriages (Amendment) Regulations 2009	S.I. 2009/2806	The whole Regulations
The Registration of Marriages (Amendment) Regulations 2011	S.I. 2011/1172	The whole Regulations

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations consolidate the Registration of Marriages Regulations 1986 (“the 1986 Regulations”) and the Registration of Marriages (Welsh Language) Regulations 1999, and five amending instruments. They also make substantive amendments in consequence of Part 4 of the Immigration Act 2014 (c. 22), which introduces a new referral and investigation scheme to assist investigation by the Secretary of State of suspected sham marriages and civil partnerships.

In Part 2, the Regulations prescribe the forms to be used for the preliminaries to marriage (regulations 4 to 7 and Schedule 1). Two new marriage notice forms are prescribed in consequence of the requirement in section 27E of the Marriage Act 1949 (c. 76) for non-relevant nationals (those who are not British, EEA or Swiss nationals) to provide additional information when giving notice of marriage.

The Regulations specify (regulation 8 and Schedule 3) the evidence that must be provided by each party giving notice of marriage, or following ecclesiastical preliminaries, as the case may be, in accordance with the requirements in sections 8, 16 and 28B of the Marriage Act 1949.

Regulation 9 restates, with minor drafting changes, the procedure for applications to reduce the waiting period under section 31(5A) of the Marriage Act 1949. The waiting period was increased from 15 to 28 days by the Immigration Act 2014. Regulations 10 and 11 prescribe forms for the Superintendent Registrar’s certificate for marriage and instructions for the solemnization of marriage, which are unchanged. The Registrar General’s licence for marriage (issued under the Marriage (Registrar General’s Licence) Act 1970 where one party to the proposed marriage is seriously ill and is not expected to recover), is also unchanged.

Part 3 of the Regulations is concerned with the registration of marriage. These provisions restate the 1986 Regulations with minor drafting changes. The only change of substance is in regulation 13(2)(i) and (k), which make a minor change to the manner of registration of the condition (i.e. marital or civil partnership status) of parties who have previously been married to each other. This change is made in consequence of the Marriage (Same Sex Couples) Act 2013 (c. 30), with the aim of protecting the privacy of people who have obtained gender recognition.

Part 4 relates to the correction of errors in marriage registers, and Part 5 makes miscellaneous provision. No changes of substance are made to the position under the 1986 Regulations save that some of the more detailed provision relating to the manner of signing the register (regulation 15) and corrections before the entry is complete (in regulation 18) has been removed and will be dealt with administratively. In addition, what was regulation 19 of the 1986 Regulations (applications for certificates under section 10 of the Savings Bank Act 1887) has been removed, as no separate procedure exists for such applications.

An impact assessment has not been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1949 c. 76; there are amendments to the section, not relevant here. See section 78(1) for the definition of “prescribed”.

(2)

Section 27A was inserted by section 1(7) of, and paragraph 6 of Schedule 1 to, the Marriage Act 1983 (c. 32). There are amendments to the section, not relevant here.

(3)

Section 27B was inserted by section 1(4)(6) of, and paragraph 5 of Schedule 1 to, the Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16). There are amendments to the section, not relevant here.

(4)

Section 28G was inserted by paragraph 7 of Schedule 4 to the Immigration Act 2014 (c. 22).

(5)

There are amendments to section 31(2) and (5), not relevant here. Section 31(5D) was inserted by section 160(6) of the Immigration and Asylum Act 1999 (c. 33).

(6)

There are amendments to section 35(1), not relevant here.

(7)

Section 74(3) was inserted by paragraph 15 of Schedule 4 to the Immigration Act 2014.

(8)

1970 c. 34; section 18 was amended by S.I. 1996/273 and by S.I. 2008/678.

(9)

1953 c. 37. See section 21(1) for the definitions of “the Minister”, “prescribed” and “the Registration Acts”. The definition of “the Minister” in section 21(1) was amended by S.I. 2008/678.

(10)

1993 c. 38.

(11)

See sections 28G(6), 31(5E)(d) and 74(1) of the Act, section 18 of the 1970 Act and section 20 of the Registration Service Act 1953. By section 21 of the Registration Service Act 1953 (amended by S.I. 2008/678) “the Minister” by whom regulations under section 20 must be approved means the Secretary of State.

(12)

Section 27(1) was amended by sections 161(1) and 169 of, paragraph 8 of Schedule 14 to, and paragraph 1 of Schedule 16 to, the Immigration and Asylum Act 1999 (c.33).

(13)

“Relevant national” is defined in section 78(1) of the Act (definition inserted by paragraph 17 of Schedule 4 to the Immigration Act 2014 (c. 22)), and means a British citizen, a national of an EEA state other than the United Kingdom, or a national of Switzerland.

(14)

Section 35(1) was amended by section 2 of the Marriage Act 1949 (Amendment) Act 1954 (c. 47); section 169(1) and (3) of, paragraph 17(2)(b) of Schedule 14 to, and paragraph 1 of Schedule 16 to, the Immigration and Asylum Act 1999 (c. 33).

(15)

Section 27A was amended by section 169(1) of, and paragraph 9 of Schedule 14 to, the Immigration and Asylum Act 1999.

(16)

Section 27B(2) was amended by S.I. 2009/2821.

(17)

Section 8 was amended by section 57(3) of the Immigration Act 2014 (c. 22).

(18)

Section 16 was amended by section 57(4) of the Immigration Act 2014.

(19)

Section 28B was inserted by paragraph 7 of Schedule 4 to the Immigration Act 2014.

(20)

Section 31(5A) was inserted by section 160(6) of the Immigration and Asylum Act 1999 (c. 33), and amended by S.I. 2008/678 and by paragraph 10(2) of Schedule 4 to the Immigration Act 2014.

(21)

Section 31(5F) was amended by S.I. 2008/678. See S.I. 2010/441 (amended by S.I. 2014/1790) for the prescribed fee.

(22)

Section 31(2) was amended by sections 160(4)(b) and 163(1) of the Immigration and Asylum Act 1999, and by paragraph 10(2) of Schedule 4 to the Immigration Act 2014.

(23)

Section 31(5) was amended by section 169(1) of, and paragraph 14(6) of Schedule 14 to, the Immigration and Asylum Act 1999.

(24)

Section 26 was substituted by section 3 of the Marriage (Same Sex Couples) Act 2013 (c. 30).

(25)

Section 26B was inserted by section 5 of the Marriage (Same Sex Couples) Act 2013.

(26)

1911 c. 6.

(27)

1981 c. 45.

(28)

Section 76(1) and (2) was amended by sections 38 and 46 of the Criminal Justice Act 1982 (c. 48).

(29)

1999 c. 33.

(30)

1988 c. 52.

(31)

S.I. 1981/154.

(32)

1971 c. 77. There are amendments to section 3, not relevant here.

(33)

Section 33(2A) was inserted by section 39(6) and paragraph 7(b) of Schedule 4 to the British Nationality Act 1981 (c. 61).

(34)

United Nations, Treaty Series, volume 360 at page 117.

(35)

Section 8 was amended by section 57(3) of the Immigration Act 2014 (c. 22).

(36)

Section 16 was amended by section 57(4) of the Immigration Act 2014.

(37)

Section 28B was inserted by paragraph 7 of Schedule 4 to the Immigration Act 2014 (c. 22).

(38)

2007 c. 30.

(39)

United Nations, Treaty Series, volume 189 at page 137.

(40)

2004 c. 33.

(41)

1986 c. 55.

(42)

Section 45 was amended by S.I. 2001/310 and S.I. 2005/265.

(43)

Sections 235 and 236 were modified by S.I. 2005/3104. There are amendments to section 237, not relevant here.

(44)

Section 219 was amended by S.I. 2010/976. For regulations made under section 219, see S.I. 2005/3334.

(45)

2013 c. 13.

(46)

S.I. 1986/1442 was amended by S.I. 1987/2088; S.I. 1995/744; S.I. 1997/2204; S.I. 2000/3164; S.I. 2005/155; S.I. 2005/3177; S.I. 2007/2164; S.I. 2009/2806; S.I. 2011/1172; S.I. 2014/107 and S.I. 2014/3061.

(47)

S.I. 1997/2204 was revoked in part by S.I 1999/1621.

(48)

S.I. 1999/1621 was amended by S.I. 2000/3164; S.I. 2005/155; S.I 2005/3177; S.I. 2009/2806; S.I. 2011/1172 and S.I. 2014/107.